USLAW Magazine + Fall 2020

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Innovation for the Long Haul

Protecting Injured Individuals with Trucking Settlements Mark Doherty

RISK ON THE ROAD Working on the road has become increasingly more dangerous for truck drivers over the past decade. The possibility of an accident remains a constant risk on the road despite certain federal and state standards that trucking drivers must meet for preventative road safety measures. The Federal Motor Carrier Safety Administration’s annual edition of Large Truck and Bus Crash Facts crash statistics reveal: “From 2009 to 2015, injury crashes increased 62 percent to

Ametros

97,000. From 2016 to 2018, according to NHTSA’s CRSS data, large truck and bus injury crashes increased 8 percent (from 112,000 in 2016 to 121,000 in 2018)” and “Single-vehicle crashes made up 23% of all property damage only crashes involving large trucks in 2018.” It’s not easy being a truck driver. Between long hours on the road, transporting hazardous materials, and the physical demands of the job, there are plenty of chances for a driver to become seriously injured or ill. Some of these injuries or illnesses require ongoing medical care and support after the accident. As the risk for injury and property damage crashes increases, so does the chance of liability and workers’ compensation claims, which can turn into long-term expenses for employers over time as they age.

“Liability Claims are not like fine wine – they do not improve with age,” says Robert Milane, General Counsel for ARC Claims Management Inc. “It is imperative that liability claims be promptly investigated and resolved – especially claims with potential bodily injury exposure. Investing the time and expense to make same-day contact with a claimant to control the claims is the cornerstone of prudent claims management.” EMPLOYER SOLUTIONS FOR COMPLEX WORKERS’ COMP AND LIABILITY CLAIMS Employers often want a reduction in large, complex, and aged pending files that remain open with carriers and Third-Party Administrators (TPA), claims that lead to long-term costs overtime. Ultimately, complex trucking claims involving ongoing future medical care can lead to long-term costs and greater exposure each year for the employer as they age. Even seemingly small liability claims can become more complex the longer they remain open and escalate if not resolved quickly. As the number of trucking claims increase, it’s important to stay ahead of claims that can lead to long-term costs. Involving a best-in-class professional administrator early on is an effective way to support claim closure for lingering claims with open medical. PROFESSIONAL ADMINISTRATION AS A SOLUTION FOR TRUCKING SETTLEMENTS Injured individuals’ fears about settlement are often a large component of why some cases become difficult to settle. Many injured individuals want to settle their case to have more freedom


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USLAW Magazine + Fall 2020 by USLAW NETWORK - Issuu